Legal Opinion

Coucher v. Licht

District Court of Appeal of Florida

Decided May 7, 1999No. 99-463Published

1Per curiam

Linda, Peter and Phillip Coucher’s petition for writ of prohibition seeks recusal of a trial judge. We find some of the allegations sufficient, and we grant the writ.

According to the Couchers’ allegations, the judge commented several times about the veracity of a witness during a hearing on a motion for summary judgment. The judge also commented that he would do some research to try to figure out a way to disregard the witness’s affidavit. We find these allegations were sufficient to create a well-founded fear in the mind of the petitioners (defendants below) that they would not receive a…

2Cases cited2 opinions

  1. Livingston v. StateSupreme Court of Florida · 1983
  2. Kasser v. WoodsonDistrict Court of Appeal of Florida · 1989

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